North Sea Continental Shelf Cases (1969) | How Custom Is Formed | Opinio Juris | PIL

Should a map give a country less seabed simply because its coastline curves inward? In this video we explain the North Sea Continental Shelf Cases (Germany v. Denmark and Germany v. Netherlands, ICJ 1969), the leading case on how customary international law is formed: widespread, representative and virtually uniform state practice, backed by opinio juris. In this video: 0:00 Why a curved coastline raised a question about custom 0:08 The North Sea Continental Shelf Cases 0:19 Facts: Germany's concave coast 0:24 Article 6, Geneva Convention on the Continental Shelf 1958 (equidistance rule) 0:53 Germany signed but never ratified the convention 1:03 The ICJ decision (1969, 11 votes to 6) 1:15 When can a treaty rule pass into general law? 1:45 Why Article 6 failed the tests 1:57 Opinio juris - the legal belief 2:20 Equitable principles and natural prolongation 2:38 The principle in one line 3:24 A fictional example (not a fact about the case) 3:46 The lasting value of North Sea Key takeaways: - A treaty rule becomes custom only through widespread, representative and virtually uniform practice. - States specially affected must be included in the practice. - Practice alone is not enough; it must show opinio juris, a belief that the practice is obligatory by law. - Signing without ratifying does not bind a state to a treaty rule. Subject: Public International Law (LL.B.) Notes: thelaweasy.com Disclaimer: This video is for educational purposes only and is not legal advice. #NorthSeaContinentalShelf #PublicInternationalLaw #InternationalCustom #OpinioJuris #LawEasy